2018-03-06 S&O Agenda - Attachment 1 to Item 2 - Public Interest Test Report

Noosa Council - Public Interest Test Report: Proposed Local Law No. 7 (Waste Management) 2017
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                                       general waste or green waste collection1. General waste is defined to include both
                                       domestic and commercial waste2.

                                       (c)      The proposed changes as described in Section 2 of the law - provides for the
                                       regulation of storage and removal of ' waste' from premises; and the regulation of the
                                       receiving and disposal of 'waste ' at waste facilities', rather than limiting the scope of the
                                       Council's to domestic, or even general, waste3.

                                       (d)      This indicates that Council may intend to expand the scope of the proposed local
                                       law to cover all types of waste and recyclables, in addition to domestic, commercial and
                                       green waste. This potentially gives the proposed local law a broader scope than the
                                       Chapter SA provisions. This broader scope cannot be justified by environmental concerns,
                                       health, public safety or community amenity and Council has provided no evidence to
                                       support this position. Environmental regulation and operating conditions of the waste
                                       management and recycling industry is well managed by existing legislation and the
                                       Department of Environment and Heritage Protection.

                                       3.       Industry's concerns about the proposed local law

                                       (a)      WRIQ's members acknowledge that domestic waste management is the role of
                                       local government. Industry is not trying to usurp Council's legitimate role as the provider of
                                       domestic waste services as that system functions very well.

                                       (b)      Industry advocates that if the introduction of a local law is so important to Council
                                       any local law provisions must be referenced to ·apply to domestic (household) waste and
                                       recycling services only (as was the original 1937 Health Act principle from which the state
                                       provisions evolved).

                                       (c)      Industry is, gravely concerned that Council is seeking to further restrict competition
                                       in the commercial waste and recycling industry without proper consultation or genuine
                                       consideration of the impact of the proposed local law to its community. It has failed to
                                       demonstrate the grounds or justification of any/ all environmental, safety or other aspects in
                                       support of the needs for this law.

                                       (d)      WRIQ argues the public interest and state interest tests applied by Council lack
                                       genuine transparency and fail to engage and clearly inform the community on such
                                       profound commercial impacts the introduction and amending of its local law will have on its
                                       ratepayers

1
 Section 5, proposed local law
2 Schedule to the proposed local law
3 Section 2, proposed local law